Telangana High Court
CRLP/203/2008 of Golla Shivasai Kumar, Vs K.Vasantha, on 29 December 2009
SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.203 OF 2008 Dated : 29.12.2009 Between : Golla Shivasai Kumar ….. Petitioner/Accused a n d 1) K.Vasantha 2) The State of A.P. ….. Respondents THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.203 OF 2008
THE HON’BLE SRI JUSTICE P.SWAROOP REDDY
CRIMINAL PETITION No.203 OF 2008
Dated : 29.12.2009
Between :
Golla Shivasai Kumar
….. Petitioner/Accused
a n d
1) K.Vasantha
2) The State of A.P.
….. Respondents
THE HON’BLE SRI JUSTICE P.SWAROOP REDDY
CRIMINAL PETITION No.203 OF 2008
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ORDER :
This criminal petition is filed under Section 482 Cr.P.C. by thepetitioner/accused seeking to quash the proceedings in C.C.No.771 of2007 on the file of the VI Metropolitan Magistrate, Cyberabad atMedchal, for the offence punishable under Section 138 N.I. Act.
2) Heard.
3) The contention of the learned counsel for the petitioner is thatthe bank of which the cheque was issued was not in existence as onthe date of issuance of cheque. But, the material on record does notreveal that the complainant was aware of that fact. More over, thecheque was dishonoured for the reason of ‘instructions for stoppayment’ but not on account of closure of the bank concerned, whichwas merged with some other bank.
4) Thus, there are seriously disputed questions of fact involved inthe matter, truthfulness of which have to be decided by the trial Court.
In such circumstances, it is not a fit case for quashing the proceedingsagainst the petitioner.
5) Therefore, the criminal petition is dismissed. The petitionercan raise all the pleas raised by him before this Court before the trialCourt.
29[th] December, 2009SUR
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P.SWAROOP REDDY, J